COLLECTIVE BARGAINING AGREEMENT
BETWEEN
GORHAM SCHOOL COMMITTEE
AND
GORHAM EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION
(Secretaries and Educational Technicians)
September 1, 2015 – August 31, 2018
This Agreement is made and entered by and between the SCHOOL COMMITTEE of the Town
of Gorham, Maine (hereinafter referred to as “Committee”) and the GORHAM EDUCATIONAL
SUPPORT PERSONNEL ASSOCIATION, an affiliate of the Maine Education Association and
the National Education Association (hereinafter referred to as the “Association”).
ARTICLE I
RECOGNITION
A. The Committee recognizes the Association, pursuant to the provisions of State of Maine Revised Statutes, Title 26, Chapter 9-A, as amended, as the sole and exclusive bargaining
agent for the Secretaries (School Secretaries and Administrative Secretaries) and Educational Technicians (I, II, III) bargaining unit for those employees defined as “public employees” in the Maine Public Employees Labor Relations Law (26 MRSA Section 962(6)).
ARTICLE II
ASSOCIATION RIGHTS AND DUES DEDUCTIONS
A. Use of Facilities
The Association shall be permitted to use school facilities and equipment subject to the same regulations and charges as govern other community organizations using such facilities and equipment.
B. Access to Members
Duly authorized representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with scheduled meetings or assigned duties of the employees. The Association shall provide in writing to the Superintendent a current list of its duly
authorized representatives and any changes thereafter.
C. Communications
The Association shall be permitted the reasonable use of bulletin boards for the posting of notices of noncontroversial nature relating to Association business. The Association may use the School Department's mail service and employee mailboxes for communication of
issues to employees covered by this bargaining unit.
D. List of Bargaining Unit Membership
The Committee agrees to notify the Association President within thirty (30) days in
writing of the name, address, job classification, and date of employment or discharge of
any bargaining unit member.
E. Dues Deductions
1. The Committee shall deduct Association dues from the pay of bargaining unit
members during the employment year upon receipt of signed authorization from
members of the Association on forms satisfactory to the Committee. However, if
an employee has no paycheck coming to him/her, or the paycheck is not sufficient
enough to cover the dues, no deduction will be made from said Association
member for that pay period.
2. Dues deductions will carry over from year to year, unless stopped by written request
of the employee.
3. The Association agrees fully to indemnify and hold the Committee harmless from
any claim or suit of any nature arising out of, or in connection with, any deduction
pursuant to this provision.
F. Payroll Deductions
Upon appropriate written authorization from an employee of the bargaining unit, the Committee shall deduct from the salary of any bargaining unit member and make appropriate remittance for annuities, credit union(s), charitable donations, insurances, or any plans or programs approved by the Committee.
ARTICLE III
DISCIPLINE AND DISCHARGE
A. No member of the bargaining unit who has completed the probationary period six months shall receive a written reprimand or be suspended or discharged without just cause.
B. Whenever an employee is called before the Superintendent or an administrator concerning any discipline matter which could have an adverse effect on the employee's
employment, the employee and the Association shall receive prior written notice of the reasons for such meeting except in cases of mitigating circumstances. The employee shall be entitled to have an Association representative present for advice and representation during such meeting. For the purposes of this provision, meetings for the discussion of an employee's evaluation are exempt from these requirements.
C. The Association President and Chairperson of the Grievance Committee shall be given written notice of any written reprimand, suspension or discharge of any member of the bargaining unit.
D. Any employee discharged shall be paid in full for any outstanding wages and/or accumulated vacation in accordance with 26 M.R.S.A. Section 626.
E. Suspension of an employee pending an investigation by the Superintendent and determination shall be with pay. A suspended employee shall be entitled to a hearing before the Superintendent within ten (10) working days unless an extension is mutually agreed upon in writing.
F. Any member of the bargaining unit disciplined (excluding verbal reprimands) or discharged shall be given written notice and the reasons thereof.
G. Generally, discipline shall be progressive in nature, however, the concept of progressive discipline may be departed from depending on the severity of the infraction.
Additionally, in applying discipline, the following will be considered:
1. Where an employee might reasonably not understand that his/her conduct could have disciplinary consequences, the Superintendent must give the employee
warning of the possible or probable disciplinary consequences of the employee's
conduct before further discipline is imposed.
2. Where a violation of a rule or order of a supervisor is involved, the Superintendent
must make an effort to discover whether the employee did in fact violate or a disobey a rule or order of the supervisor.
3. The Superintendent's investigation of alleged conduct must be conducted fairly and
objectively.
4. The disciplinary action must be consistent with (a) the infraction for which disciplinary action is being applied and (b) the employee's conduct record.
ARTICLE IV
EVALUATION
A. Employees shall be evaluated at least once during each contract year.
B. An employee shall be given a copy of any written evaluation report prepared by the
evaluator. The Committee has the sole discretion to determine the evaluator(s). No
employee shall be required to sign a blank or incomplete evaluation form.
C. Any evaluation which is less than satisfactory must be accompanied by written recommendations for improvement.
D. The employee shall have the right to submit a written response to his/her evaluation within thirty (30) days of its receipt, which shall be attached to the evaluation and placed in his/her personnel file.
ARTICLE V
WORK RULES AND REGULATIONS
A. The Committee shall have the right to promulgate and enforce at any time its rules or
regulations which it considers necessary for the safe, effective, and efficient operation of the schools, so long as they are not inconsistent with the specific written terms of this Agreement.
B. The Committee agrees to provide each employee with a copy of its applicable rules or regulations.
ARTICLE VI
GRIEVANCE PROCEDURE
The Association and the Committee agree that they will use their best efforts to encourage the informal and prompt settlement of any dispute that exists with respect to the interpretation or application of this Agreement. However, in the event such a dispute arises between the Committee and the Association which cannot be settled informally, a grievance procedure is described herein.
A. Definitions
1. A “grievance” shall be defined as any dispute arising between the parties as to the
meaning or application of the specific terms of this Agreement.
2. “Grievant” shall be defined as the employee, a group of employees, or the
Association submitting a grievance.
3. “Days” shall mean all days exclusive of Saturdays, Sundays, holidays, storm days and school vacations.
4. “Parties In Interest” shall mean the person or persons making the claim and any
person who might be required to take action or against whom action might be taken in order to resolve the claim.
B. Informal Procedure
A grievance may be presented informally to the supervisor or his/her designee whose decision or action is being contested.
C. Formal Procedure
1. Supervisor Level – Step 1
a. In the event satisfactory resolution is not achieved through informal discussion,
the grievance, within twenty (20) days following the act or omission giving rise
to the grievance or the date on which the grievant reasonably should have
known of such act or omission if that date is later, shall present the grievance
in writing to the supervisor or his/her designee. The immediate supervisor
shall meet with the grievant and a representative of the Association within ten
(10) days of the receipt of the grievance. A grievance so presented shall be
answered in writing within ten (10) days after the meeting has been held. A
copy of the decision will be given to the Association's Chairperson of the Grievance Committee and the President of the Association.
2. Superintendent Level – Step 2
a. In the event satisfactory resolution is not achieved in Step 1, the grievant, within ten (10) days of the receipt of an answer or of the date the answer is due if no answer is provided, shall forward the grievance and written statement(s) why the resolution is not satisfactory and any other documentation to the
Superintendent of Schools or his/her designee.
b. A grievance affecting employees of more than one supervisor may be initiated at Step 2.
c. The Superintendent or his/her designee shall meet with the grievant within ten
(10) days after receipt of the written grievance for the purpose of resolving the
grievance. The Superintendent shall render a written decision to the grievant,
the Association's Chairperson of the Grievance Committee, and the Association President within ten (10) days of the meeting.
3. School Committee – Step 3
a. In the event satisfactory resolution has not been achieved in Step 2, the
grievant may file the grievance with the School Committee within ten (10) days of the receipt of the Step 2 answer.
b. The School Committee shall within ten (10) days after receipt or during the
next scheduled School Committee meeting, whichever is less, meet with the
grievant and the Association for the purposing of resolving the grievance. The
School Committee shall, within ten (10) days after such meeting, render its
decision and the reasons therefore in writing to the grievant, the Association's
Chairperson of the Grievance Committee, and the Association President.
4. Arbitration – Step 4
a. In the event a grievance is not satisfactorily resolved at Step 3 and the
Association wishes to proceed to arbitration, it shall serve written notice to
that effect. Notice shall be by certified mail directed to the Superintendent of
Schools within ten (10) days after receipt of the Step 3 decision. The parties
shall confer within five (5) days to select an arbitrator deemed to be competent, experienced, and impartial. Should the parties be unable to agree upon an arbitrator, the grievance will be immediately referred by the Association to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of the
American Arbitration Association. Once the arbitrator has been selected, it is the intent of the parties to schedule and have the hearing scheduled as
expeditiously as possible.
b. The decision of the arbitrator shall be rendered within thirty (30) days after
selection and be binding upon both parties, but the arbitrator shall have no
power to render a decision which adds to, subtracts from or modifies this
Agreement; the decision shall be confined to the meaning or application of the
specific terms of the Agreement.
c. The arbitration proceedings will be conducted in accordance with the rules and procedures of the American Arbitration Association.
d. The costs of the services of the arbitrator, including any per diem expenses, if any, any actual and necessary travel and subsistence expenses, and the costs of
a hearing room and transcript, if any, will be shared equally by the Committee
and the Association. All other costs will be paid by the party incurring them. If either of the parties requests a transcript for its own use, then that party requesting the transcript shall pay the cost of same.
D. Rights and Responsibilities of the Grievant, School Committee and Association
1. No reprisals shall be taken by the grievant, the Association the Committee or its
agents against any participant in the grievance procedure by reason of such
participation.
2. The grievant may be represented at any level of the grievance procedure only by an
Association-designated representative.
3. When an employee is not represented by the Association, the Association shall have the right and a reasonable opportunity to be present and state its views at any grievance meeting. No resolution of any individual grievance shall be inconsistent with the terms of the Agreement.
4. Except for the decision resulting from arbitration or settlement, all grievance documents, communications and records dealing with the grievance shall be filed separately from the personnel files of the grievant.
5. All meetings and hearings under this procedure shall be conducted in executive session and shall include the parties in interest and their designated representatives.
6. The Committee shall promptly forward to the Association a copy of any submitted written grievance and any written material accompanying the grievance.
7. A form for the filing of grievances is attached to this Agreement. See Appendix B.
E. Time Limits
1. The time limits in this Article may be extended by mutual written agreement.
2. In the event that a grievance is not timely answered by the Committee at any step in the procedure, the grievant may file at the next step in the grievance procedure.
F. Initiation of a Discipline Grievance
Any grievance that involves the discipline, including discharge, of an employee shall be submitted in writing initially to the administrator who imposed the discipline.
ARTICLE VII
JOB DESCRIPTIONS AND RECLASSIFICATION
A. Each bargaining unit member shall be provided with a current written job description which describes his/her job responsibilities. The Association shall be provided a copy of all current job descriptions of employees in the bargaining unit. In addition, the Association shall be provided a copy of job descriptions whenever jobs in the unit are
modified or created.
B. Where an employee is assigned work by two (2) or more persons, it shall be the responsibility of the employee's appropriate supervisor to resolve conflicts in work assignments which arise.
C. 1. When an employee is assigned to work in a higher job classification covered by this Agreement for one or more days, he/she shall be paid at the rate of the higher classification from the first full day of the assignment.